ANNUAL OWNER CERTIFICATION OF CONTINUING PROGRAM COMPLIANCE
LIHTC 1602 TCAP
Certification Period / January 1, 2017 - December 31, 2017Project Name
MSHDA # / LIHTC #
Project Address
City, Zip Code
Ownership Entity
Fed Tax ID #
Ownership Name
Owner Contact Person
Title
Street Address
City, State, Zip Code
Phone
Cell Phone
Fax
Date Entity Commenced Ownership of Project
Date of Contact Change
(If Applicable)
Management
Management Company Name
Management Contact Person
Title
Street Address
City, State, Zip Code
Phone
Cell Phone
Fax
Date Company Commenced Management of Project
Date of Contact Change
(If Applicable)
On-site Contact Person
On-site Phone
On-site Contact E-mail
The undersigned on behalf of (the "Owner"), hereby certifies that:
Was there anowner or management change (entity, general/limited partner, or contact) duringthe reporting period?
Yes ChangeNo Change
If Yes, complete the applicable form-“Notice of Change in Ownership” or “Notice of Change in Management Agent”
If credit allocation was received but the credit period has not yet begun, please check the appropriate box below:No buildings wereplaced in service during the reporting period.
At least one building was placed in service but owner does not elect 2017 as the first year of the credit period.
If either of the above applies, please check the appropriate box, and proceed to page 4 to sign and date this form. A completed First Year Credit Statement must be attached.
1.The project meets the minimum requirements of (as elected in Part II of the first year 8609 form: (check one)
20-50 test under Section 42(g)(1)(A) of the Code
40-60 test under Section 42(g)(1)(B) of the Code
15-40 test for “deep rent-skewed” projects under Section 42(g)(4) and 142(d)(4)(B) of the Code
2.There has been no change in the applicable fraction (as defined in Section 42(c)(1)(B) of the Code) for any building in the project:
NO CHANGEYES CHANGE
If “YES CHANGE”, list the applicable fraction to be reported to the IRS for each building in the project for thecertification year, and describe the reason(s) for the change on page 4.
3.The owner has received an annual Tenant Income Certification from each low-income resident and documentation to support that certification, or the owner has received approval to eliminate or waive recertifications from MSHDA or the IRS, as indicated on Page 4 of this Certification:
YES NO
4.Each low-income unit in the project has been rent-restricted under Section 42(g)(2) of the Code:
YES NO
5.All low-income units in the project are and have been for use by the general public and used on a non-transient basis (except for transitional housing for the homeless provided under Section 42(i)(3)(B)(iii) of the Code or single-room-occupancy units rented on a month-by-month basis under Section 42(i)(3)(B)(iv) of the Code):
YES NO
6.No Finding of Discrimination under the Fair Housing Act, 42 U.S.C 3601-3619, has occurred for this project. A finding of discrimination includes an adverse final decision by the Secretary of the Department of Housing and Urban Development (HUD), 24 CFR 180.680, an adverse final decision by a substantially equivalent state or local fair housing agency, 42 U.S.C. 3616a(a)(1), or an adverse judgment from a federal court:
NO FINDING FINDING
If “Finding”, explain on page 4 and attach a copy of the letter of finding(s) from the adjudicating agency or court.
- Each building in the project is and has been suitable for occupancy, taking into account local health, safety, and building codes (or other habitability standards), and the state or local government unit responsible for making building code inspections did not issue a violation report for any building or low income unit in the project. Additionally, all low income units were continuously either occupied, vacant but rent ready, or vacant for redecorating/minor repairs for a period of 30 days or less, throughout the reporting period:
YES NO
If “NO”, state nature of violation on page 4 and attach a copy of the violation report as required by 26 CFR 1.42-5 and documentation of the correction.
8.There has been no change in the eligible basis (as defined in Section 42(d) of the Code) of any building in the project since the last certification submission:
NO CHANGE YES CHANGE
If “YES Change”, state the nature of the change (e.g., a common area unit has become a commercial space, a fee is now charged for a tenant facility formerly provided without charge, or the project owner has received federal subsidies with respect to the project which had not been disclosed to the allocating authority in writing) on page 4.
9.All tenant facilities included in the eligible basis under Section 42(d) of the Code of any building in the project, such as swimming pools, other recreational facilities, parking areas, washer/dryer hookups, and appliances were provided on a comparable basis without charge to all tenants in the buildings:
YES NO
10.If a low-income unit in the project has been vacant during the year, reasonable attempts were or are being made to rent that unit or the next available unit of comparable or smaller size to tenants having a qualifying income before any units in the project were or will be rented to tenants not having a qualifying income:
YES NO
11.If the income of tenants of a low-income unit in any building increased above the limit allowed in Section 42(g)(2)(D)(ii) of the Code, the next available unit of comparable or smaller size in that building was or will be rented to residents having a qualifying income:
YES NO
12.An extended low-income housing commitment as described in Section 42(h)(6) was in effect, including the requirement under Section 42(h)(6)(B)(iv) that an owner cannot refuse to lease a unit in the project to an applicant because the applicant holds a voucher or certificate of eligibility under Section 8 of the United States Housing Act of 1937, 42 U.S.C. 1437s. Owner has not refused to lease a unit to an applicant based solely on their status as a holder of a Section 8 voucher and the project otherwise meets the provisions, including any special provision, as outlined in the extended low-income housing commitment:
YES NO
13.The ownership of the property contains a bona fide 501(c)(3) or 501(c)(4) nonprofit organization having the fostering of housing as one of its exempt purposes and having no affiliation with or controlled by a for profit entity – and continues to have an ownership interest in the development and materially participate in the development’s operation under Section 469(h) of the Code as required by the credit allocation.
N/A (Ownership is not a qualified non-profit organization) / YES / NONon Profit Name
- No tenants in low-income units were evicted or had their tenancies terminated other than for good cause and no tenants had an increase in the gross rent with respect to a low-income unit not otherwise permitted under Section 42(h)(6)(E)(ii)(II).
YES NO
15.There has been no change in the ownership entity of the project (change in limited and/or general partners):
NO CHANGEYES CHANGE
If “Yes Change”, complete the applicable form - “Notice of Change in Ownership” or “Notice of Change in Management Agent”
- All resident data for the project has been entered as required into MSHDA’s on-line data collection system for all project activity through December 31 of the reporting year.
YES NO
17.All required Supportive Housing units as designated in the LIHTC Regulatory Agreement have been rented to tenants that meet the special needs or homeless eligibility requirements as defined in the Regulatory agreement and substantial services are available as a result of a contract (or equivalent relationship) with a local service provider.
YES NO N/A(project does not have special needs units)
18.The project has complied with the Violence Against Women Act (VAWA), which provides protections for residents and applicants who are victims of domestic violence, dating violence or stalking, and any other situation or incidence mandated by VAWA. Compliance requirements mandated by VAWA include, but are not limited to, honoring civil protection orders, eviction protection and bifurcation of lease when necessary.
YES NO
Was project granted a recertification waiver by the IRS? Yes No Did not apply for a waiver
If “YES”, Date Waiver approved by IRS: Waiver Effective Date:
Was project granted MSHDA approval to eliminate LIHTC recertifications? Yes No Did not apply
If “YES”, MSHDA Approval Date: Effective Date:
PLEASE EXPLAIN ANY ITEMS THAT WERE ANSWERED "NO", "YES CHANGE" OR “FINDING”, ON QUESTIONS
1 – 18:
Question #
/Explanation
Attach additional pages if necessary.
Note: Failure to complete this form in its entirety will result in noncompliance with Section 42 program requirements.
The project is otherwise in compliance with the IRC Code, including any Treasury Regulations, the applicable State Allocation Plan, and all other applicable laws, rules and regulations. This Certification and any attachments are made UNDER PENALTY OF PERJURY.
(Ownership Entity)
Signature By:
Printed Name:
(Name of Authorized Representative of Ownership Entity*)
Title:Date:
* No individual other than an owner or general partner of the project is permitted to sign this form, unless authorized by the owner (documentation of owner authorization must be attached).
MSHDA LIHTC 020Page 1 of 4
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